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5 Use on roads of motor vehicles capable of emitting noise in excess of prescribed level

5 Use on roads of motor vehicles capable of emitting noise in excess of prescribed level

(1) A person must not cause or permit a motor vehicle to be used on a road or road related area if the motor vehicle is capable of emitting noise at a level in excess of the level specified in Schedule 1 for that type of motor vehicle as determined in accordance with Part 6 (the prescribed noise level).

Maximum penalty—

(a) if the vehicle is capable of emitting noise at a level that exceeds the prescribed noise level for that type of motor vehicle but does not exceed that prescribed noise level by 5 dB(A)—100 penalty units in the case of a corporation or 50 penalty units in the case of an individual, or

(b) if the vehicle is capable of emitting noise at a level that exceeds the prescribed noise level for that type of motor vehicle by 5 dB(A) but does not exceed that prescribed noise level by 15 dB(A)—150 penalty units in the case of a corporation or 75 penalty units in the case of an individual, or

(c) if the vehicle is capable of emitting noise at a level that exceeds the prescribed noise level for that type of motor vehicle by 15 dB(A) or more—300 penalty units in the case of a corporation or 150 penalty units in the case of an individual.

(2) A person is not guilty of an offence under this clause arising because the motor vehicle is being taken directly to a place—

(a) where repairs or other work required to reduce the noise level of the vehicle are to be carried out, or

(b) to be tested or inspected in accordance with a defective vehicle notice issued in respect of the motor vehicle, or

(c) to be tested or inspected in accordance with a notice issued in respect of the motor vehicle under section 207 of the Act,

or is being taken directly from any such place to the place where the vehicle is usually kept.

(3) A person is not guilty of an offence under this clause in relation to the use of—

(a) a special purpose motor vehicle, or

(b) a heavy vehicle, or

(c) a motor vehicle being used on a road or road related area that is closed to traffic as part of a race, speed record attempt or speed trial approved by the Commissioner of Police under section 115 of the Road Transport Act 2013.